Jose Manuel RODRIGUEZ-SYMONDS, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 393 F. App'x 544

MEMORANDUM Jose Manuel Rodriguez-Symonds, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law and constitutional claims, Khan v. Holder, 584 F.3d 773, 776 (9th Cir.2009), and we deny the petition for review.

Rodriguez-Symonds does not challenge the agency’s determination that he is removable under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his 1994 conviction for lewd or lascivious acts with a child under 14 years of age in violation of California Penal Code § 288(a). The agency determined that Rodriguez-Symonds is ineligible for relief under former

section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because his ground of remov-ability lacks a statutory counterpart in a ground of inadmissibility. See 8 C.F.R. § 1212.3(f)(5). Rodriguez-Symonds’ legal and constitutional challenges to this determination are unavailing. See Abebe v. Mukasey, 554 F.3d 1203, 1207 & 1208 n. 7 (9th Cir.2009) (en banc). PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.